92-year-old killed by Atlanta police in Georgia

ATLANTA, Georgia (AP) -- Many people on the run-down northwest Atlanta street where Kathryn Johnston lived fortify their windows with metal bars and arm themselves for protection.

Johnston, 92, was no exception.

Alone in her home, she was waiting with her gun on Tuesday night when a group of plainclothes officers with a warrant knocked down her door in a search for drugs, police said.

She opened fire, wounding three officers, before being shot to death, police said. (Watch niece's fury at police shooting )

Assistant Police Chief Alan Dreher called the killing "tragic and unfortunate" but said the officers were justified in returning fire.

"You don't know who's in the house until you open that door," Dreher said Wednesday. "And once they forced open the door, they were immediately fired upon."

The Rev. Markel Hutchins, a civil rights activist and spokesman for Johnston's family, said he could understand why the elderly woman would arm herself.

"She was afraid," Hutchins said. "This is a horrifying situation in a neighborhood where crime happens often. This incident is a result of a mix-up."

The officers had gone to the old woman's house with a search warrant after buying drugs there from a man known only as Sam, police said. (Watch what police and family say about the shooting -- 2:53 )

Police issued a "John Doe" warrant on Wednesday for the arrest of Sam, believed to be in his early to mid 30s, who allegedly sold the drugs to the undercover agent.

Dreher would not say how the dealer knew Johnston.

Investigators also said they found drugs in the home after Johnston was killed.

Officer Joe Cobb, a police spokesman, said the type of drug involved would not be disclosed until it was verified by the crime lab.

District Attorney Paul Howard said his office is looking into the shooting but that a preliminary review indicated the officers had a right to search the home.

Crime and drugs are a part of the landscape in the rough neighborhood where Johnston lived, and her neighbors said they do what it takes to protect themselves.

"It's the roughest neighborhood in Georgia," said 56-year-old Allen Pernel, who lives a few blocks from Johnston's home. "If she thought somebody was coming into her house, she did what any of us would have done."

Al Harley, a 50-year-old homeless man who hangs out in front of a neighborhood convenience store, said residents follow a sort of credo: "Don't let anyone disrespect your door."

The police chief said the officers had identified themselves and then forced open the door of Johnston's house where she had lived for 17 years.

Investigator Gary Smith, 38, was shot in the leg and Investigator Cary Bond, 38, was struck in the arm.

Investigator Gregg Junnier, 40, was hit in the leg, the face and his bulletproof vest. They were taken to the hospital and are expected to recover.

Johnston had no children and her closest relative was a 75-year-old niece, neighbors said.

"She hardly came outside her home," said Tameka Walker, 28, who lives behind Johnston's house and used to visit her. "She's not a 92-year-old grouchy old woman you think she was. She's a very nice person."

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Judge Denies Warrant for Election Board

Staff Reports

In a decision that NAACP officials called "politically motivated", Superior Court Judge James Sizemore denied NAACP executive board member James L. Bryant, Jr.'s application for a criminal warrant against the Sumter County Board of Elections for violating the Georgia Open Records Act in a hearing held at the Sumter County Courthouse last week.

He applied for the criminal warrant after the Election Board failed to give him a copy of a complaint filed by county commission candidate Randy Howard that accused him and Dr. John Marshall of tampering with the primary election at the Southerfiled polling place by taking photos, touching machines, and possibly removing items from the voting area.

"Although we didn't bring it to the attention of the court, it was definitely a conflict of interest for Judge Sizemore or any Superior Court Judge in Sumter County to hear this case considering the fact that the warrant application was against an entity of the Sumter County government said Bryant. Judge Sizemore should have recused himself from the case altogether, but for some reason he decided to hear the case and ruled in the county's favor just as we thought he would. You really can't expect a father to rule against his children in favor of a stranger, can you?" said Bryant.

Bryant filed the open records request on July 31st with the Election Board after first reading about the complaint in the July 28th issue of the Americus Times Recorder. Election Supervisor Sherry Ratliff denied Bryant's request in an August 3rd letter stating the complaint was not subject to the Open Records Act because it was part of a pending investigation with the Secretary of State's Office which made it exempt under the law.

In a second letter dated August 4, 2006, Bryant refuted Ratliff's denial stating that the exemption did not apply for the following reasons: 1) The request was made to the Sumter County Election Board, not the Secretary of State's Office. 2) The Sumter County Election Board and the Secretary of State Elections Division are administrative agencies. They are not a law enforcement agency, regulatory agency, nor do they have the authority to prosecute which would have made them exempt in certain circumstances from complying with the Open Records Act. 3) Even if the records were exempt, under the law we were still entitled to an initial incident report.

Civil Rights Attorney Maurice Luther King, Jr. of Albany, Georgia, was retained due to the Election Board's failure to respond to the second request by Bryant. After attorney King made a third request to the Election Board asking them to comply with the Georgia Open Records Act or face possible criminal action, the County obtained a restraining order from Superior Court Judge George Peagler against the NAACP until the case could be heard to determine if the records were exempt or not. The hearing was scheduled for September 8, but was cancelled when the Election Board signed a consent order two hours before the hearing agreeing to release the records as originally requested.

"Although they gave us some of the records, it doesn't excuse the law being broken said Bryant. It's really hard for me to buy County Attorney Paul Farr's argument that the Election Board did not "knowingly or willingly" keep those records from us. Either he is an incompetent lawyer or he is taking the county for a ride in order to make extra money. Either way its bad said Bryant.

"We expected the Judge would rule in favor of the county said Dr. John Marshall, President of the NAACP. It would have been political suicide if Judge Sizemore issued a warrant for the arrest of the Sherry Ratliff and the Election Board. I couldn't imagine an 81 year old Herschel Morris in handcuffs and I guess the Judge couldn't either. But I think the Election Board got the point and that's all we wanted said Marshall.